13 legal questions

13 legal questions


This booklet from the National School Boards Association and the National Education Association addresses 13 key legal questions that may arise with regard to school districts’ responsibility to educate children who are undocumented.


p. 4  Are public elementary and secondary schools required to educate undocumented children?


p. 5  Does an undocumented child’s right to an education include secondary benefits of public education like participating in extracurricular activities?


p. 6  Are undocumented students permitted or required to receive services that other students receive from school districts and other local government agencies?


p. 7  Can school districts ask questions about immigration status to determine if a student is a resident of the district?


p. 9  Does a school district have to educate an undocumented student who is not living with a parent or legal guardian?


p. 10  Must, may, or should a school district report an undocumented student to Immigrations and Customs Enforcement?


p. 11  Can school districts ask to see visa documents if districts do not then deny enrollment to undocumented students?


p. 12  Can school districts refuse to educate a child who volunteers that he or she has a B-2 (tourist) visa?


p. 14  Must, may, or should a school district report to Immigration and Customs Enforcement a student who attempts to attend school in violation of his or her visa?


p. 15  Does a school district have to provide Immigration and Customs Enforcement information contained in student records about undocumented students?


p. 17  Does a school district have to allow Immigration and customs Enforcement agents to interview students at school?


p. 19  What behaviors does Immigration and Customs Enforcement consider “harboring” in relation to school employees assisting undocumented students and parents?


p. 21  What are a school district’s responsibilities to assist students whose parents have been detained during an Immigration and Customs Enforcement action?